Opinion issued July 26, 2012.
In The
Court of Appeals
For The
First District of Texas
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NO. 01-12-00493-CV
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SERGIO SOZA, Appellant
V.
FEDERAL HOME LOAN MORTGAGE CORPORATION, Appellee
On Appeal from County Civil Court at Law No 3
Harris County, Texas
Trial Court Cause No. 990131
MEMORANDUM OPINION
Appellant, Sergio Soza, has neither paid the required filing fee for this
appeal nor established indigence for purposes of appellate costs. See TEX. R. APP.
P. 5 (“A party who is not excused by statute or these rules from paying costs must
pay—at the time an item is presented for filing—whatever fees are required by
statute or Supreme Court order.”), 20.1 (listing requirements for establishing
indigence); see also TEX. GOV’T CODE ANN. § 51.207 (Vernon Supp. 2011),
§.51.941(a) (Vernon 2005), §.101.041 (Vernon Supp. 2011) (listing fees in court of
appeals); Order Regarding Fees Charged in Civil Cases in the Supreme Court and
the Courts of Appeals and Before the Judicial Panel on Multidistrict Litigation,
Misc. Docket No. 07-9138 (Tex. Aug. 28, 2007), reprinted in TEX. R. APP. P. app.
A § B(1) (listing fees in court of appeals).
The filing fee was due on May 9, 2012, when appellant filed his notice of
appeal. See TEX. R. APP. P. 5. On May 31, 2012, the Court notified appellant that
the appeal was subject to dismissal if appellant did not pay the required fee within
10 days. See TEX. R. APP. P. 5 (allowing enforcement of rule); 42.3(c) (allowing
involuntary dismissal of case). Appellant did not respond.
Accordingly, we dismiss the appeal for want of prosecution. We dismiss
any pending motions as moot.
PER CURIAM
Panel consists of Chief Justice Radack and Justices Jennings and Massengale.
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